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TOGA — Terms of Service (Beta)

Effective: April 28, 2026 · Last updated: April 28, 2026 Version: Beta (TestFlight / early access)

These Terms of Service ("Terms") govern your use of TOGA, a scheduling assistant for airline pilots, including the mobile application (currently distributed through Apple TestFlight and Google Play closed/open testing), the websites at toga.app and toga.now, the SMS notification program, and any related services (collectively, the "Service"). The Service is provided by toga.now LLC, a Texas limited liability company ("TOGA," "we," "us," or "our").

By creating a TOGA account, installing or using the TOGA app, opting in to TOGA SMS messages, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

⚠️ Beta software notice. TOGA is currently offered as beta software. During the beta period, data may be reset, schemas may change, and features may be added or removed without notice. Always verify your bid directly in PBS before any deadline. TOGA does not submit your bid to PBS on your behalf. TOGA is for schedule management only and is not intended for use in flight operations or any safety-of-flight decision.

Independence. TOGA is an independent product. TOGA is not affiliated with, endorsed by, or sponsored by United Airlines, any other airline, the Air Line Pilots Association (ALPA), Navtech, the Federal Aviation Administration, or any other airline-industry entity. References in the Service to airlines, unions, vendors, or systems (including PBS, CCS, ALPA, etc.) are descriptive only.

⚖️ Arbitration and class-action waiver. Section 14 contains a binding individual arbitration clause and a class-action waiver. By using the Service, you agree to resolve disputes with TOGA through individual arbitration, except as expressly provided in Section 14. You may opt out of arbitration within 30 days of first accepting these Terms by following the procedure in Section 14.6.

1. Eligibility & Account

The Service is intended for licensed airline pilots and the partners they choose to invite. To use the Service, you must:

  • Be at least 18 years old;
  • Be a licensed airline pilot, or a partner invited by such a pilot;
  • Provide accurate account information; and
  • Not be prohibited from using the Service under U.S. law or the laws of your jurisdiction.

You are responsible for safeguarding your credentials and for all activity under your account. You must notify us promptly if you believe your account has been compromised.

You can delete your account at any time from Settings → Account → Delete Account in the app, or by emailing support@toga.app. Deletion of your account removes your profile, schedule data, bid history, partner contacts, and SMS history from active systems within 30 days, subject to backup-purge schedules described in our Privacy Policy.

You are responsible for ensuring you have your partner's express, voluntary consent before adding their phone number to your account. See Section 4 (SMS Program) and the Acceptable Use Policy.

2. Beta Software

TOGA is currently offered as beta software, including via Apple TestFlight and Google Play closed or open testing tracks. By using the beta Service, you understand and agree that:

  • Features may be added, modified, deprecated, or removed at any time without notice.
  • Data you enter (preferences, partner contacts, schedules, trade history) may be reset, migrated, deleted, or rendered unreadable as schemas evolve.
  • The Service may be unavailable or unstable from time to time without notice.
  • Output produced by the Service — including bid recommendations, trade suggestions, and Oscar (our in-app assistant) responses — is provided for evaluation purposes and must be independently verified before you rely on it.
  • You may be asked to provide feedback, error reports, screenshots, or other diagnostic information, and you grant TOGA a non-exclusive, royalty-free, perpetual, worldwide license to use that feedback to improve the Service. Feedback is not confidential to you unless you mark it as such and we accept it as such in writing.
  • The beta Service is provided AS IS and AS AVAILABLE with the expanded warranty disclaimers and liability protections in Sections 11 and 12 below.

You agree that you will not rely on TOGA's output as the sole basis for any bid submission, trade decision, or schedule change without independent verification in PBS, CCS, or the relevant authoritative system.

3. License and Restrictions on Use

Subject to your compliance with these Terms, TOGA grants you a limited, personal, non-transferable, non-exclusive, revocable license to install and use the TOGA app on devices you own or control, and to access the Service through the websites and SMS, solely for your own personal scheduling use as a pilot or invited partner.

You will not, and will not permit anyone else to:

  • modify, copy, prepare derivative works of, decompile, disassemble, or reverse engineer the Service or any part of it, except to the extent applicable law permits despite this limitation;
  • remove, obscure, or alter any copyright, trademark, or other proprietary notation;
  • transfer, sublicense, rent, lease, sell, or otherwise commercialize the Service;
  • "mirror" any portion of the Service on any other server or service;
  • use the Service in any way that abuses or disrupts our networks or any other service we provide;
  • use the Service to transmit or publish material that is harassing, indecent, obscene, fraudulent, or unlawful;
  • use the Service in violation of any applicable law or regulation, your employer's policies, or your pilot collective bargaining agreement;
  • use the Service to send unauthorized advertising or spam;
  • harvest, scrape, collect, or aggregate user data without consent;
  • use the Service in a way that may infringe the privacy, intellectual property rights, or other rights of any third party; or
  • use the Service in any manner prohibited by the Acceptable Use Policy.

TOGA may suspend or terminate your access immediately for any violation of this Section 3.

4. SMS Program Terms

Program name: TOGA Schedule Assistant.

Description: The TOGA SMS program delivers transactional notifications to pilots about their monthly bid cycle (window opens, window closing, award posted) and accepts inbound SMS replies from partners that the pilot has invited. Partner messages are parsed for personal events (birthdays, recitals, anniversaries, etc.) the pilot may want considered when building a monthly bid.

How to opt in. A pilot opts in by adding their phone number to their TOGA account. A partner is invited only after the pilot enters that partner's phone number; the partner receives a one-time invite SMS explaining the program and confirming consent. You represent and warrant that you have obtained the partner's express, voluntary consent before adding their phone number.

Message frequency. Variable. Most pilots receive no more than 3–6 SMS messages per bid cycle (roughly one month). Partners typically receive a single invitation plus optional replies to events they text in.

Message and data rates. Message and data rates may apply per your carrier plan. TOGA does not charge for SMS messages.

Carriers. Carriers are not liable for delayed or undelivered messages.

Marketing SMS. The current SMS program is transactional only and does not include marketing messages. If TOGA introduces marketing SMS in the future, it will require a separate, express opt-in.

How to opt out. Reply STOP or UNSUBSCRIBE to any TOGA SMS message at any time to unsubscribe. After opting out you will receive a single confirmation message and no further messages from the program. There may be a brief processing delay during which you may continue to receive messages.

How to get help. Reply HELP to any TOGA SMS message, or contact support@toga.app.

No sale or sharing of SMS data. We do not share, sell, or transfer phone numbers or SMS opt-in data to third parties or affiliates for marketing or promotional purposes. SMS data is used only to operate the Service.

5. Acceptable Use

Your use of the Service is also governed by the Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the AUP are violations of these Terms.

6. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information, including SMS-related data and information processed by our AI assistant Oscar.

7. Intellectual Property

The Service, including all software, content, designs, text, graphics, logos, the "TOGA" name, the "Fly the Plane. Go Home." tagline, and the underlying technology, is owned by toga.now LLC or its licensors and is protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license granted in Section 3, these Terms do not transfer any right, title, or interest in the Service to you.

8. Your Content

You retain ownership of the schedule data, preferences, partner contacts, messages, and other content you submit to the Service ("Your Content"). You grant TOGA a non-exclusive, royalty-free, worldwide license to host, store, copy, transmit, display, and process Your Content solely as necessary to operate, secure, and improve the Service for you and (in aggregated, de-identified form only) for other TOGA users. This license ends when you delete the relevant Content or your account, except to the extent (a) we have already used it in aggregated, de-identified form (in which case the de-identified outputs persist), or (b) we are required to retain a copy to comply with law or to defend a legal claim.

You represent and warrant that you have all rights necessary to grant this license, including any necessary rights from a partner whose information you add to your account.

9. No Guarantee of Outcomes; Assumption of Risk; Not an Agent

TOGA produces recommendations, analyses, and suggestions based on the data you provide and the bid context available. Final bidding, trading, and scheduling decisions are yours. TOGA does not guarantee any specific schedule outcome, trade approval, PBS award, days off, line, or trip. TOGA does not submit your bid to PBS on your behalf. You are responsible for verifying your bid in PBS or the equivalent authoritative system before any deadline.

You assume all risk arising from your reliance on any output, recommendation, suggestion, analysis, or other information generated by the Service (including by Oscar). Outputs may be incomplete, incorrect, outdated, or based on partial or stale source data, and may appear authoritative without being so.

TOGA does not act as your agent and does not make decisions on your behalf. TOGA does not represent you to your employer, your union, any airline, the FAA, or any other person or entity. Every bid, trade, swap, drop, and schedule action remains an action you take.

No professional advice. The Service does not provide legal, financial, medical, employment, or other professional advice. Use of the Service does not create any professional, fiduciary, or advisory relationship.

10. User Responsibility for Employer and Union Compliance; No Employment Consequences; Third-Party Systems

You are solely responsible for confirming that your use of the Service complies with your employer's policies, your pilot collective bargaining agreement, and any applicable directives from your employer's flight operations, IT, or security organizations. TOGA does not warrant that your use of the Service is permitted by any specific airline, union, or employer.

TOGA is not responsible for, and disclaims any liability for, any employment-related consequence arising from your use of the Service — including but not limited to discipline, loss of pay, missed trips, missed reserve coverage, denied trades, denied vacation, suspension, demotion, loss of seniority privilege, or termination. You assume all risk of any such consequence.

Third-party systems. Some TOGA features may, at your direction, interact with or display data from third-party systems (such as your airline's PBS, CCS, or other pilot portals). You are solely responsible for ensuring that any such use complies with the terms of service, acceptable use policies, and access rules of those third-party systems, and with applicable employer and union directives. See the Acceptable Use Policy, Section 4.5.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, TOGA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY OF DATA, AND QUIET ENJOYMENT.

Without limiting the above, TOGA does not warrant that:

  • the Service will meet your requirements or expectations;
  • the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components;
  • any data, output, recommendation, suggestion, or analysis produced by the Service (including by Oscar) will be accurate, complete, current, reliable, or free of error. Outputs may be incomplete, incorrect, outdated, or based on partial or stale source data, and may appear authoritative without being so;
  • any defect will be corrected;
  • the Service will be compatible with your device or environment.

The Service is not certified for safety-of-flight, flight operations, or any aviation safety purpose and must not be relied on for any such purpose.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, this section applies to the maximum extent permitted.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) No indirect damages. TOGA AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, REPUTATION, OPPORTUNITY, USE, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, INDEMNITY, OR OTHERWISE, AND EVEN IF TOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Aggregate cap. TOGA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100) OR (ii) THE TOTAL FEES YOU PAID TO TOGA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Because the Service is currently free, this cap will typically be $100.

(c) Aviation use. Without limiting the above, TOGA HAS NO LIABILITY FOR ANY CLAIM, DAMAGE, INJURY, OR LOSS ARISING OUT OF OR RELATING TO ANY USE OF THE SERVICE FOR FLIGHT OPERATIONS, DISPATCH, SAFETY-OF-FLIGHT DECISIONS, OR ANY OTHER AVIATION-SAFETY PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless toga.now LLC and its officers, members, employees, contractors, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) your use or misuse of the Service; (b) your violation of these Terms or of any law or regulation; (c) your violation of any right of a third party, including a partner whose information you added to your account without that partner's adequate consent; (d) your representation that a partner has consented to receive SMS from TOGA, or any TCPA, state-law, or carrier complaint based on a phone number you added; or (e) your use of the Service in violation of your employer's policies, your collective bargaining agreement, or applicable airline/union/regulator directives; (f) your reliance on any output, recommendation, suggestion, or analysis produced by the Service, including any decision you make based on such output and any consequence (employment, financial, scheduling, or otherwise) flowing from that decision; or (g) your interaction, at your direction, with any third-party system through TOGA-provided tools (such as bookmarklets or import flows), including any complaint, action, or claim by the operator of that third-party system.

TOGA reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver

Please read this section carefully. It limits how you can pursue a dispute against TOGA.

14.1 Informal resolution first

Before initiating arbitration, you agree to first send us a written notice of your dispute to support@toga.app describing the nature and basis of the claim and the relief you seek. We will attempt to resolve the dispute informally within 60 days of receipt.

14.2 Binding individual arbitration

If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to the Service or these Terms — including their formation, scope, validity, or enforceability — will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this section.

The arbitration will be conducted by a single arbitrator. The seat of arbitration is Montgomery County, Texas, but you may elect to have the arbitration conducted in your home county or by telephone or video. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class-action waiver

YOU AND TOGA EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found to be unenforceable as to any claim, that claim will be severed from arbitration and brought in a court of competent jurisdiction; the remaining claims will continue in arbitration.

14.4 Carve-outs

This Section 14 does not require arbitration of:

  • claims for injunctive or other equitable relief to stop unauthorized use, infringement, or misappropriation of TOGA's intellectual property or confidential information;
  • small-claims-court actions, provided the action remains in small-claims court and is brought on an individual (non-class) basis; or
  • any claim that applicable law expressly bars from arbitration.

14.5 Fees

The AAA's Consumer Arbitration Rules govern fees. TOGA will pay all filing, administration, and arbitrator fees that AAA's Consumer Rules require it to pay. Each party otherwise bears its own attorneys' fees and costs except as the arbitrator may award under applicable law.

14.6 30-day right to opt out of arbitration

You may opt out of this Section 14 (Dispute Resolution; Arbitration; Class-Action Waiver) by sending a written opt-out notice to support@toga.app with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Your notice must include your full name, the email address associated with your TOGA account, and a clear statement that you wish to opt out of arbitration. If you opt out, this Section 14 will not apply to you, but the rest of these Terms will.

15. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that:

  • you have violated these Terms or the AUP;
  • your account has been used to harm another user, a partner, or a third party;
  • continued operation of the account creates legal, regulatory, security, or safety risk to TOGA or others;
  • we are required to do so by law or by a competent authority; or
  • TOGA is discontinuing the Service or the relevant feature (in which case we will use commercially reasonable efforts to give advance notice).

Upon termination, your license to use the Service ends. Sections that by their nature should survive termination (including Sections 7, 8 (last sentence), 11, 12, 13, 14, 15, 17, 18, 19, 20) will survive.

16. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice through the Service or by email at least 14 days before the change takes effect. Continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms. The "Last updated" date at the top of this document reflects the most recent revision.

If you do not agree to the updated Terms, your sole remedy is to stop using the Service and delete your account.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, U.S.A., without regard to its conflict-of-laws rules. Subject to Section 14 (Arbitration), you and TOGA each agree that any judicial proceeding (including small-claims actions, claims excepted from arbitration, and actions to enforce an arbitration award) will be brought exclusively in the state or federal courts located in Montgomery County, Texas, and you and TOGA each consent to the personal jurisdiction of those courts.

The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.

18. Apple App Store Additional Terms

The following terms apply to the TOGA app obtained through the Apple App Store or Apple TestFlight. They are in addition to, and prevail over any conflicting provisions of, the rest of these Terms with respect to the Apple-distributed app.

  1. Acknowledgement. You acknowledge that these Terms are between you and TOGA only, and not with Apple Inc. ("Apple"). Apple is not responsible for the TOGA app or its content.
  2. Scope of license. The license granted to you in Section 3 is limited to a non-transferable license to use the TOGA app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the TOGA app may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and support. TOGA is solely responsible for providing any maintenance and support services for the TOGA app. Apple has no obligation whatsoever to furnish any maintenance or support services.
  4. Warranty. TOGA is solely responsible for any product warranties, express or implied, that are not effectively disclaimed. In the event of any failure of the TOGA app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the TOGA app to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the TOGA app.
  5. Product claims. TOGA, not Apple, is responsible for addressing any claims you or a third party may have relating to the TOGA app, including (i) product liability claims, (ii) any claim that the TOGA app fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual property rights. In the event of any third-party claim that the TOGA app or your use of the TOGA app infringes that third party's intellectual property rights, TOGA, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  7. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. Google Play Additional Terms

If you obtained the TOGA app through Google Play, your use of the app is also subject to the then-current Google Play Terms of Service. To the extent these Terms conflict with the Google Play Terms with respect to the app obtained through Google Play, the Google Play Terms control as to that conflict.

20. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and TOGA regarding the Service and supersede all prior or contemporaneous understandings.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Force majeure. TOGA is not liable for any failure or delay caused by events outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or third-party service outages (including Supabase, Twilio, Apple, Google, or Anthropic outages).

Notices to TOGA. Legal notices to TOGA must be sent to support@toga.app and, if the user requests, to a postal address that TOGA will provide on request.

Notices to you. We may give you notice through in-app messaging, the email associated with your account, or by posting to the Service.

Headings. Section headings are for convenience only and do not affect interpretation.

21. Contact

Questions about these Terms can be sent to support@toga.app.

TOGA — Fly the Plane. Go Home.